HomeMy WebLinkAboutResolutions - 2015.02.18 - 21703Miscellaneous Resolution #15020 February 18, 2015
BY: General Government Committee, Christine Long, Chairperson
IN RE: CLERK/REGISTER OF DEEDS- APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH THE
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FOR PARTICIPATION IN THE MICHIGAN
CENTRALIZED BIRTH CERTIFICATION SYSTEM (MiCBCS)
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Centralized Birth Certification (MiCBCS) system is a collaborative effort
between the Michigan Department of Community Health (MDCH) and Local Registrars; and
WHEREAS the MiCBCS system allows Local Registrars to access birth records from 1935 to the present
via a secure state application managed by the MDCH Division for Vital Records and Health Statistics;
and
WHEREAS with MiCBCS, local clerks may search for records not held in their local collections, print
copies and request modifications or additions to records that are incomplete or inaccurate; and
WHEREAS approval of the attached Intergovernmental Agreement is required prior for use of MiCBCS;
and
WHEREAS MiCBCS is provided at no cost, unless users wish to provide certified copies of records; and
WHEREAS participation in MiCBCS would be useful to the Oakland County Clerk/Register of Deeds
Office in the administration of vital records; and
WHEREAS participation in MiCBCS would enhance the access of birth records for individuals born in
Oakland County; and
WHEREAS Oakland County will not incur costs because the Oakland County Clerk/Register of Deeds
office will participate as a partial access office, meaning it will not print certified copies from the
MiCBCS; and
WHEREAS the Intergovernmental Agreement has been reviewed and approved by Corporation
Counsel; and
WHEREAS MCL 45.556-(p) states that the Board of Commissioners has the power to "Enter into
agreements with other governmental or quasi-governmental entities for the performance of services
jointly."
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Intergovernmental Agreement with the Michigan Department of Community Health and that
the Oakland County Clerk/Register of Deeds and the Board Chairperson, on behalf of the County of
Oakland, are authorized to execute said agreement.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Taub absent.
Contract Manager and
Location/Building: Capitol View Building
Contract #
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
hereinafter referred to as the "Department"
AND
hereinafter referred to as the "Local Registrar"
FOR
Michigan Centralized Birth Certification System (MiCBCS)
1. Purpose
The Division for Vital Records and Health Statistics operates and maintains a computer
application that is used to manage birth record information for all registered births in the
State of Michigan. This system, the Birth Registry_System (BRS), allows users to search,
view, update, edit, print and generate certified copies of birth record images and birth facts.
A modification to the BRS has been completed for the express purpose of providing a tool
for use by local vital records offices in conducting their official duties with regard to vital
records services. The BRS system has been renamed to the Michigan Centralized Birth
Certification System (MiCBCS).
This agreement governs the terms and conditions under which a local vital records
registration office, as defined by MCL 333.2804, and that is established and operated
under the provisions of MCL 333.2814 and 333.2815, may access this system for official
uses including the administration of their official duties and to meet the needs of customers
requesting vital records services.
2. Period of Agreement
This agreement is effective on the date the last party signs the agreement and continues
through September 30, 2016.
3. Program Budget and Agreement Amount
The Local Registrar under the terms of this agreement will provide payment of service fees to
the Department based upon the following fee schedule:
Searching, viewing, printing file copies and entering corrections or updates — no cost
For records of birth filed and held within the repository of the Local Registrar:
DCH-0770 revised Page 1 of 6
Initial certified copy printing $4.00 per copy
Subsequent certified copies printing in same session $1.00 per copy
For records of birth filed and held only within the repository of the Department:
Issuing certified copies of records
The service fee for records of birth filed and held only within the repository of the
Department is as required under MCL 333.2891(4) (a). These fees are currently:
Initial certified copy printing $34.00 per copy
Subsequent certified copies printing in same session $16.00 per copy
Copies made that result in an error in printing, including mistakenly printing the wrong
record, a misprint, or other printing error will not be subject to these fees.
4. Methodology and Program Content (Statement of Work)
The Department shall provide the ability for the Local Registrar to search, view, print and
issue certified copies of birth record images and birth facts from the Michigan Centralized
Birth Certification System. The Department shall further provide timely support and
assistance to the Local Registrar relating to system use and functions surrounding use of
the system.
The Local Registrar shall utilize the system for official administrative uses that may
include searching for and reviewing information in the system, comparing information within
the system to the information maintained in the local system or file, for printing local file
copies, administrative use copies and official certified copies of the birth record images and
information held within the system. The Local Registrar may use the system to edit
administrative information (for example, the local date of filing and the locally assigned file
number for a record) of birth records. The Local Registrar may also edit birth facts (for
example the date of birth or a parent's name) but all such edits will not be made an official
part of the record nor be certifiable until approved by Department staff.
5. Method of Payments
The Department will issue quarterly invoices with payment due within 90 days. Payment
options include online payment or by check made payable to and must be sent to the State of
Michigan, PO Box 30437, Lansing, MI 48909.
6. Performance/Progress Reports
Activity report(s) reflecting systems use by Local Registrar's staff will be prepared by the
Department and submitted for the following time period(s):
Period of Report Report Due Date
July, August, September October 15
October, November, December January 15
January, February, March April 15
DC11-0770 revised Page 2 of 6
April, May, June July 15
The report will include the following:
The Department shall provide a detailed billing summary to the Local Registrar.
The report should be submitted to:
The County/City clerk or their designee
7% Responsibilities - Local Registrar
The Local Registrar, agrees to conform to the following practices:
• The Local Registrar shall maintain the physical security of the vital records work
areas and storage areas as required to assure the security of the indexes,
documents, films and any other vital records information held by Local Registrar in
compliance with all state and federal regulations on physical security, including the
restriction of access to unauthorized personnel to the area where the materials are
secured during non-business hours.
• The Local Registrar shall validate a list of employees provided by DCH on a semi-
annual basis confirming those employees who are authorized to access the system.
• The Local Registrar shall establish procedures to conduct background checks when
hiring employees into positions requiring access to the system. The Local Registrar
shall restrict access to protected vital records information to employees, contractors
or authorized individuals who have passed a background check.
• The Local Registrar shall protect vital records information from disclosure, including
the information found through MiCBCS, as required by Michigan law and regulation
and will not disclose information to parties not eligible to receive such information.
▪ The Local Registrar shall require proper identification from applicants or employ
some other approved method for confirming identity and eligibility of the applicant
requesting access to restricted vital records documents, copies of documents or
information from those documents prior to releasing the requested document or
information.
• The Local Registrar shall maintain all registered vital records and vital record forms
blanks and other vital records materials in a locked, restricted and secured area when
not under the direct supervision of office personnel.
• The Local Registrar shall restrict use of the MiCBCS to those staff members who are
working on site in the local office and who need access to the birth information to
execute their official duties.
• The Local Registrar will use the MiCBCS for administration of their duties as a local
vital records registrar and to provide vital records services to the customers of the
Local Registrar in conformance with Michigan compiled law, and administrative rule
following the procedures required by the State Registrar.
• The Local Registrar shall not release to anyone information from a birth record or
from an image of a birth record located in MiCBCS that did not occur in their
DCH-0770 revised Page 3 of 6
jurisdiction for those records that the MiCBCS system provides them with view only
access, except that they may identify the jurisdiction where the birth occurred to
assist a vital records customer who is legally eligible to obtain a copy of the record
and has provided identification and a written application for a copy of the record. The
purpose for providing the location of the birth must be solely to aid the customer in
locating the appropriate office where they can obtain a copy of the record.
• The Local Registrar shall safeguard the safety paper provided for the sole purpose of
issuing certified copies of birth records from theft or misuse and only use the safety
paper when issuing official certified copies of birth record from the MiCBCS.
• The Local Registrar shall adhere to the guidelines and procedures established by the
Department for the storage, monitoring and inventorying of MiCBCS safety paper.
• The Local Registrar shall promptly report any detected or suspected loss or misuse of
security paper or any breach of vital records security to the State Registrar, a Deputy
State Registrar or to the Fraud Unit within the Division for Vital Records and Health
Statistics.
• Local Registrar agrees to print County Authorized (CAs) birth record copies for filing
in their local file only for births that occurred in their jurisdiction and were originally
filed at the local level.
• The Local Registrar agrees to pay the amounts outlined in Section 3 for usage of the
system.
8. Responsibilities - Department
The Department shall provide the following service to the Local Registrar relating to the
MiCBCS:
• The Department shall provide continuing access to the MiCBCS for use in indexing
and issuing Michigan birth records.
ID The Department shall provide security paper for use when issuing certified copies of
birth records using MiCBCS. This paper must contain security features that satisfy
accepted national standards and any federal regulations for birth certificate security
paper. In addition, the paper provided must serve to identify the certified copies
issued on the paper as coming from a centralized birth certification system for
Michigan and must be designed to enable a high degree of uniformity of certified
documents issued through MiCBCS by those state and local vital records offices
using MiCBCS as the source for issuing their certified birth record documents.
• The Department shall provide MiCBCS birth record locating, validating and updating
support to the Local Registrar between 8 a.m. and 5 p.m. eastern time, Monday
through Friday with the exception of State Holidays.
• The Department shall continue to work with staff in the Department of Technology,
Management and Budget to assure the MiCBCS system is operational, accessible
and available Monday through Friday between the hours of 8 a.m. and 5 p.m. eastern
time with the exception of State Holidays.
The Department shall continue to maintain and update the central birth registry database to
DC!-I-0770 revised Page 4 of 6
ensure records are complete and available to the Local Registrar for location, viewing and
issuance and to maintain the MiCBCS and associated hardware required for MiCBCS
operation and access.
9. Responsible Party
Each party shall be responsible for any claims made against that party and for the acts of its
employees or agents. In any claims that may arise from the performance of this
Agreement, each party shall seek its own legal representation and bear the costs
associated with such representation including any attorney's fees. This Agreement does
not, and is not intended to impair, divest, delegate or contravene any constitutional,
statutory, or other legal right, privilege, power, obligation, duty or immunity of the parties.
Nothing in this Agreement shall be construed as a waiver of governmental immunity of
either party.
10. Administration
The intergovernmental agreement manager for the Department is Glenn Copeland, State Registrar.
The intergovernmental agreement manager for the Local Registrar is
11. Modifications
Any changes, amendments, or revisions to this agreement shall only be effective if made in
writing with the written concurrence authorized by both the Department and Local Registrar.
12. Termination
This agreement shall be in full force and effect for the period specified in this agreement. This
agreement may be terminated by either party by giving 30-days written notice, stating the
reasons for termination and the effective date, or upon the failure of either party to carry out
the terms of this agreement, by giving 30-days written notice stating cause and effective date.
The Department reserves the right to suspend or terminate access to the MiCBCS system if
the Local Registrar fails to carry out the terms of this agreement including but not limited to
failing to assure the security and integrity of the MiCBCS system and the data held therein or
failing to timely pay systems service fees.
13. Special Condition
This agreement is conditionally approved subject to and contingent upon the availability of
funds.
The Department and the Local Registrar agree and warrant that no employee of either the
Department or Local Registrar shall be considered or claimed to be an employee of the other
party. The Department and the Local Registrar agree that the Local Registrar shall remain the
sole and exclusive employer of its employees and shall be responsible for the payment of all
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, or other allowances or reimbursements of any kind, including but not limited to
workers compensation benefits, unemployment compensation, employment taxes, or other
statutory or contractual benefit. Likewise, the Department shall remain the sole and exclusive
employer of its employees and shall be responsible for the payment of all wages, expenses,
DCH-0770 revised Page 5 of 6
fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, or other
allowances or reimbursements of any kind, including but not limited to workers compensation
benefits, unemployment compensation, employment taxes, or other statutory or contractual
benefit.
14. Special Certification
The individual signing this agreement certifies by his or her signature that he or she is
authorized to sign this agreement on behalf of the responsible governing board, official or
Local Registrar.
15. Signature Section
For the Michigan Department of Community Health
Kim Stephen, Director, Bureau of Budget and Audit
Date
For the Local Registrar
Date
Printed Name and Title
DCH-0770 revised Page 6 of 6
NICK LYON
DIREcTcn
STATE OF MICHIGAN
DEPARTMENT OF COMMUNITY HEALTH
LANSING
RICK SNYDER
GOVERNOR
TO: Local Registrars
FROM: Glenn Copeland, State Registrar
DATE: November 13, 2014
RE: Birth Record Central Issuance
Michigan Centralized Birth Certification System — Central Issuance
Information for Getting Started
We have completed the pilot phase of Central Issuance. At this time we are inviting additional
locations to join. While there are still a few system updates being made, we can begin the
process of signing up new locations by distributing the Intergovernmental Agreement that is
required to be signed by each office. Clerks will decide what level of access their office will
have, and we will need signed security agreements from each individual who will access the
system. If an office is going to print certified copies we will need to have special safety paper
printed. The sections below will give more explanation regarding each aspect, of getting started
with Central Issuance,
Obtainin2 Access
• The State Office requires a signed Intergovernmental Agreement before proceeding.
*Determine what level of access your office requires.
• Obtain Security Agreements from each individual that will have access to the system.
• Offices with full access will need to submit artwork for their personalized safety paper.
Levels of Access
All Offices will be able to:
Access the Michigan Centralized Birth Certification System (MiCBCS) to look up record
information.
• Print replacement copies from a designated queue.
*View record details and/or record images for births that match the user's location.
• Submit electronic requests for assistance with an individual record.
• Add local file number, file date and clerk's signature information to records in the system
that have gone through the state's registration process.
Partial Access Offices
• Cannot print certified copies.
• Fee is not charged.
CAPITOL VIEW SUILDJNG • 201 TOWNSEND STREET • LANSING, MI 48913
www.michigan.gov • 517-373-3740 DCH,1272 (0911 4)
Page 2
Full Access Offices
• Print certified copies. ▪ Submit electronic request for completing a record in the system, so the record is able
to be printed.
O Fee-based to print certified copies; quarterly invoicing.
• Access to the AFS system to enter application information. AFS maintains a
permanent record of applicants,
Safety Paper
Personalized safety paper will be provided for each local office that has Full Access. Safety
paper is imprinted with the local office's seal/logo, as well as the State Office seal. The local
office will be invoiced quarterly for each sheet of paper that is printed.
0 State Office needs artwork for vendor to create the seal/logo to print on the paper. Artwork
must be received as a high resolution .jpg, or .pdf file,
*Option to have the local imprint embossed. There is a fee charged to the local office for this
embossment at the time paper is imprinted.
Fees
There are no fees for Partial Access Offices. The fees for offices with Full Access will be
determined based on the type of record that is nrinted.
Record Type
Fees
Fiirst Copy Each Additional
Copy*
Locally filed record $ 4 $ 1
State-Only record
Senior Issuance** $ 14 $ 16
All others $ 34
CA copy to replace copy on file at local office $ 0
Only one copy is
needed. Adoption Use Copy — Issued only to licensed
child placement agency $ 0
* Additional copies must be of same record and printed at the same time.
** Senior (age 65 or older) must be requesting his/her own record to be eligible for the reduced fee
CA Copy Queue
Replacement copies for corrected/changed records are placed in a queue to be printed at the local
office.
Each local office will print its own replacement copies.
Please contact April Adams at adarnsa@michigan.gov , or at 517-335-8716 if you have any
questions.
Resolution #15020 February 18, 2015
Moved by Gosselin supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, Matis,
McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman,
Crawford. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
HEREBY APPROVE THIS RESCX,UTM
CHIEF DEPUTY COUNT,'Ecirnw
ACTING PURSUANT TO IVICL 4:i.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 18,
2015, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 18th day of February 2015. 5033,siec.„;
Lisa Brown, Oakland County